Title 5, Government Operations

Subject to the limitations of this Section, any type of contract which will promote the best interest of Guam may be used; provided that the use of cost-plus-a-percentage-of-cost contract is prohibited. A cost- reimbursement contract may be used only when a determination is made …

Except with respect to firm fixed-price contracts, no contract type shall be used unless it has been determined in writing by the Chief Procurement Officer, the Director of Public Works, the head of a Purchasing Agency, or a designee of any such officer that: (a) the proposed con…

(a) Specified Period. Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of Guam provided the term of the contract and conditions of renewal or extension, if any, are included in the …

Guam may, at reasonable times, inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded by Guam. SOURCE: GC § 6963. MPC § 3-601. 2022 NOTE: References to “Territory” replac…

(a) Audit of Cost or Pricing Data. Guam may, at reasonable times and places, audit the books and records of any person who has submitted costs or pricing data pursuant to § 5232 of this Chapter to the extent that such books and records relate to such cost or pricing data. Any per…

The determinations required by §§ 5211(f), 5212(a), 5212(g), 5214, 5215, 5216(e), 5230(a), 5232(c), 5235, 5236 and 5237(b) of this Chapter are final and conclusive unless they are clearly erroneous, arbitrary, capricious or contrary to law. SOURCE: GC § 6964. MPC § 3-701. COL 202…

When for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the Attorney General. SOURCE: GC § 6964.1. MPC § 3-702. COMMENT: Reference to Territorial Prosecutor deleted by Com…

All procurement records shall be retained and disposed of in accordance with records retention guidelines and schedules approved by the Attorney General. All retained documents shall be made available to the Attorney General or a designee upon request and proper receipt therefor.…

All incoming and outgoing electronic mail (email) correspondences pertaining to matters related to the procurement of goods and services as governed by this Chapter shall be retained for a period of not less than five (5) years. Such electronic mail (email) correspondences may be…

(a) Contents of Record. The Chief Procurement Officer, the Director of Public Works, all autonomous agencies and public corporations, or the head of an agency utilizing this Section shall maintain a record listing of all contracts made under §§ 5214 and 5215 of this Chapter for a…

Each procurement officer shall maintain a complete record of each procurement. The record shall include the following: (a) the date, time, subject matter and names of participants at any meeting including government employees that is in any way related to a particular procurement…

No procurement award shall be made unless the responsible procurement officer certifies in writing under penalty of perjury that he has maintained the record required by § 5249 of this Chapter and that it is complete and available for public inspection. The certificate is itself …

The record required by § 5249 of this Chapter is a public record and, subject to rules promulgated by the Public Auditor, any person may inspect and copy any portion of the record. SOURCE: GC § 6964.6 added by P.L. 18-044:19 (Nov. 14, 1986). Amended by P.L. 28-068:IV:66 (Sept. 30…

The rules promulgated pursuant to § 5251 of this Chapter shall: (a) protect the integrity of the bidding process; (b) protect the confidentiality of trade secrets; (c) establish reasonable charges for copying papers; (d) provide for transcription of sound recordings; (e) require …

Government of Guam Venues. (a) No person convicted of a sex offense under the provisions of Chapter 25 of Title 9 Guam Code Annotated, or an offense as defined in Article 2 of Chapter 28, Title 9 GCA in Guam, or an offense in any jurisdiction which includes, at a minimum, all of …

As used in this Chapter “Specification” means any description of the physical or functional characteristics, or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing or preparing a supply, service or cons…

The Policy Office shall promulgate regulations governing the preparation, maintenance, and content of specifications for supplies, services and construction required by Guam. SOURCE: GC § 6965.l. MPC § 4-202. 2022 NOTE: Reference to “Territory” replaced with “Guam” pursuant to 1 …

(a) The Chief Procurement Officer shall prepare, issue, revise, maintain and monitor the use of specifications for supplies and services required by Guam. (b) The Director of Public Works shall prepare, issue, revise, maintain and monitor the use of specifications for constructio…

Specifications for supplies, services or construction items procured under § 5120 of this Chapter, or exempted pursuant to § 5121 of this Chapter, may be prepared by a purchasing agency in accordance with the provisions of this Article and regulations promulgated hereunder. SOURC…

The Chief Procurement Officer and the Director of Public Works shall obtain expert advice and assistance from personnel of Using Agencies in the development of specifications and may delegate in writing to a using agency the authority to prepare and utilize its own specifications…

All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying Guam’s needs, and shall not be unduly restrictive. SOURCE: GC § 6965.5. MPC § 4-205. 2023 NOTE: Reference to “Territory” replaced with “Guam” pursuant to 1 G…

The requirements of this Article regarding the purposes and nonrestrictiveness of specifications shall apply to all specifications, including, but not limited to, those prepared by architects, engineers, designers and draftsmen for public contracts. SOURCE: GC § 6965.6. MPC § 4-2…

The specifications contained in any invitation for bids or request for proposals, and any amendment thereto, for the procurement of supplies shall identify the person responsible for drafting the specifications and any persons, technical literature or manufacturer’s brochures rel…

(a) Specifications shall not include requirements, such as but not limited to restrictive dimensions, weights or materials, which unnecessarily restrict competition, and shall include only the essential physical characteristics and functions required to meet Guam’s minimum needs.…

As used in § 5257 through § 5259 of this Article, “generic drug” means the chemical or generic name, as determined by the United States Adopted Names (USAN) and accepted by the Federal Food and Drug Administration (FDA), of those drug products having the same active chemical ingr…

Whenever possible, the Department of Administration, the Department of Public Health and Social Services, the Guam Memorial Hospital Authority, the Guam Behavioral Health and Wellness Center, and the Department of Education shall purchase drugs, generic or otherwise, directly fro…

When providing medical services to patients whose medical services are paid for, either in part or in whole, by local legislative appropriation, by Federal grant-in-aid or by a combination of both, a pharmacist filling a prescription for a drug prescribed by its trade or brand na…

As used in this Chapter “Architect-Engineer” and “Land Surveying Services” are those professional services within the scope of the practice of architecture, professional engineering, or land surveying, as defined by the laws of Guam. SOURCE: GC § 6966. MPC § 5-101 modified gramma…

The Policy Office shall promulgate regulations providing for as many alternative methods of construction management as it may determine to be feasible. These regulations shall: (a) set forth criteria to be used in determining which method of construction contracting management is…

(a) Requirement for Bid Security. Bid security shall be required for all competitive sealed bidding for construction contracts when the price is estimated by the Procurement Officer to exceed Twenty-Five Thousand Dollars ($25,000). Bid security shall be a bond provided by a suret…

(a) When Required; Amounts. When a construction contract is awarded in excess of Twenty-Five Thousand Dollars ($25,000), the following bonds or security shall be delivered to Guam and shall become binding on the parties upon the execution of the contract: (1) a performance bond s…

(a) Bond Forms. The Policy Office shall promulgate by regulation the form of the bonds required by this Article. (b) Certified Copies of Bonds. Any person may request and obtain from Guam a certified copy of a bond upon payment of the cost of reproduction of the bond and postage,…

(a) Contract Clauses. The Policy Office shall promulgate regulations requiring the inclusion in Guam construction contracts of clauses providing for adjustments in prices, time of performance, or other contract provisions, as appropriate, and covering the following subjects: (1) …

Every contract modification, change order, or contract price adjustment under a construction contract with Guam in excess of Five Thousand Dollars ($5,000) shall be subject to prior written certification by the COL 2026-04-23 fiscal officer of the entity responsible for funding t…

(a) Contract Clauses. The Policy Office may promulgate regulations permitting or requiring the inclusion of clauses providing for adjustments in prices, time of performance or other contract provisions as appropriate covering the following subjects: (1) the unilateral right of Gu…

The Policy Office shall promulgate regulations setting forth cost principles which shall be used to determine the allowability of incurred costs for the purpose of reimbursing costs under contract provisions which provide for the reimbursement of costs, provided, that if a writte…

As used in this Chapter: COL 2026-04-23 (a) “Excess Supplies” means any supplies other than expendable supplies having a remaining useful life but which are no longer required by the using agency in possession of the supplies. (b) “Expendable Supplies” means all tangible supplies…

The Policy Office shall promulgate regulations governing: (a) the management of supplies during their entire life cycle; (b) the sale, lease, or disposal of surplus supplies by public auction, competitive sealed bidding, or other appropriate method designated by regulation, provi…

Unless otherwise provided by law, the Chief Procurement Officer shall be empowered, pursuant to regulations promulgated by the Policy Office, to allocate proceeds from the sale, lease or disposal of surplus supplies. SOURCE: GC § 6973. MPC § 8-301.

Commercial Port of Guam. Notwithstanding the provisions of § 5403 (Allocation of Proceeds from Sale or Disposal of Surplus Supplies), when the Jose D. Leon Guerrero Commercial Port of Guam engages in disposing of excess or surplus supplies and equipment that were purchased with f…

(a) Right to Protest. Any actual or prospective bidder, offeror, or contractor who may be aggrieved in connection with the method of source selection, solicitation or award of a contract, may protest to the Chief Procurement Officer, the Director of Public Works or the head of a …

Reinvestment Act Moneys Allotted to the Guam Department of Education. [Repealed.] SOURCE: Added as § 5425A by P.L. 31-012:2 (Mar. 9, 2011) and renumbered by the Compiler pursuant to the authority granted by 1 GCA § 1606. The provision contained a sunset provision, stating that it…

Education Stabilization Fund, or Head Start Grant Allotted to the Guam Department of Education. (a) Notwithstanding any other provision of law, if a selected or non-selected vendor, contractor, or service provider is aggrieved by an award or a contract for capital improvement pro…

(a) Authority. After reasonable notice to the person involved and reason able opportunity for that person to be heard, the Chief Procurement Officer, the Director of Public Works or the head of a purchasing agency, after consultation with the using agency and the Attorney General…

(a) Applicability. This Section applies to controversies between Guam and a contractor and which arise under, or by virtue of, a contract between them. This includes without limitation controversies based upon breach of contract, mistake, misrepresentation, or other cause for con…

(a) A Critical Procurement Contract is a contract solicited as contemplated in the Guam Procurement Law, 5 Guam Code Annotated Chapter 5, and meets the following criteria: (1) the solicitation is one which is integral to the timing of the planning, development, construction, fina…